This chapter shall be enforced as a health and safety measure to prevent the nuisances of refuse accumulations and disposition, including odors, insect or rodent attractions, smoke problems or odor problems. The city council finds that each and all of the above specified conditions constitute a public nuisance, and are unlawful, in violation of this chapter, and subject to immediate abatement by any officer of this city. Any costs associated with enforcement and abatement which the city incurs may be charged to the offending party or property owner for reimbursement. Criminal penalties for violations are described below. Alternatively, in its sole discretion, the city may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12 and 1.13 of the Visalia Municipal Code.
A. Any person convicted of a misdemeanor under this Article shall be punished by:
1. A fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days in the county jail for a first violation;
2. A fine not exceeding one thousand dollars ($1,000.00) and/or ninety (90) days in the county jail for a second violation of this chapter within one year; and
3. A fine not exceeding one thousand dollars ($1,000) and/or six months in the county jail for each additional violation of this chapter within one year. Each day that a violation continues shall be regarded as a new and separate offense.
B. Any person convicted of any infraction of this chapter shall be punished by:
1. A fine not exceeding fifty dollars ($50.00) for a first violation;
2. A fine not exceeding one hundred dollars ($100.00) for the second violation of this chapter within one year; and
3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.
(Ord. 2018-03, 2018; prior code § 4041)